New rule 98
37. For rule 98 substitute—
“Applications to withdraw a restriction from the register
98.—(1) An application to withdraw a restriction must be made in Form RX4 and be accompanied by the required consent.
(2) The required consent is—
(a)where the restriction requires the consent of a specified person, the consent of that person,
(b)where the restriction requires a certificate to be given by a specified person, the consent of that person,
(c)where the restriction requires notice to be given to a specified person, the consent of that person,
(d)where the restriction requires the consent of a specified person, or alternatively a certificate to be given by a specified person, the consent of all such persons,
(e)in any other case, the consent of all persons who appear to the registrar to have an interest in the restriction.
(3) No application may be made to withdraw a restriction—
(a)that is entered under section 42(1)(a) of the Act and reflects some limitation on the registered proprietor’s powers of disposition imposed by statute or the general law,
(b)that is entered in the register following an application under rule 94,
(c)that the registrar is under an obligation to enter in the register,
(d)that reflects a limitation under an order of the court or registrar, or an undertaking given in place of such an order,
(e)that is entered pursuant to a court order under section 46 of the Act.
(4) The registrar may accept a certificate given by a conveyancer that the conveyancer holds a required consent.”.